Bill Text: IL HB4512 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Creates the offense of streetgang member loitering. Provides that a person commits the offense when he or she is a streetgang member or is in the company of or acting in concert with a streetgang member and knowingly loiters in a public place under any of the following circumstances: (1) with intent to publicize a criminal streetgang's dominance over certain territory in order to intimidate non-members of the streetgang from entering, remaining in, or using the public place or adjacent area; or (2) with the intent to conceal ongoing commerce in illegal drugs or other unlawful activity. Provides that nothing in this provision shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention, or arrest as the law enforcement officer would be permitted to make in absence of this provision. Provides that a streetgang member or a person in the company of or acting in concert with a streetgang member who violates this provision is guilty of a Class A misdemeanor.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-08 - Session Sine Die [HB4512 Detail]

Download: Illinois-2017-HB4512-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4512 Introduced , by Rep. Melissa Conyears-Ervin SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-6.6 new
Amends the Criminal Code of 2012. Creates the offense of streetgang member loitering. Provides that a person commits the offense when he or she is a streetgang member or is in the company of or acting in concert with a streetgang member and knowingly loiters in a public place under any of the following circumstances: (1) with intent to publicize a criminal streetgang's dominance over certain territory in order to intimidate non-members of the streetgang from entering, remaining in, or using the public place or adjacent area; or (2) with the intent to conceal ongoing commerce in illegal drugs or other unlawful activity. Provides that nothing in this provision shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention, or arrest as the law enforcement officer would be permitted to make in absence of this provision. Provides that a streetgang member or a person in the company of or acting in concert with a streetgang member who violates this provision is guilty of a Class A misdemeanor.
LRB100 16839 RLC 31980 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 12-6.6 as follows:
(720 ILCS 5/12-6.6 new)
Sec. 12-6.6. Streetgang member loitering.
(a) In this Section:
"Loiter" means:
(1) standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around a
public place including a school or public park
property;
(2) standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around a
public place including a school or public park
property; or
(3) entering or remaining in a building in or
around a public place, other than the person's
residence.
"Public place" means the public way and any other
location open to the public, whether publicly or privately
owned, including, but not limited to any street, sidewalk,

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avenue, highway, road, curb area, alley, park, playground
or other public ground or public building, any common area
of a school, hospital, apartment house, office building,
transport facility, shop, privately owned place of
business, to which the public is invited, including any
place of amusement, entertainment, or eating place.
"Public place" also includes the front yard area, driveway
and walkway of any private residence, business, or
apartment house.
"Streetgang" and "streetgang member" have the meanings
ascribed to them in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(b) A person commits streetgang member loitering when he or
she is a streetgang member or is in the company of or acting in
concert with a streetgang member and knowingly loiters in a
public place under any of the following circumstances:
(1) with the intent to publicize a criminal
streetgang's dominance over certain territory in order to
intimidate non-members of the streetgang from entering,
remaining in, or using the public place or adjacent area;
or
(2) with the intent to conceal ongoing commerce in
illegal drugs or other unlawful activity.
(c) Nothing in this Section shall be construed in any way
to limit the power or right of a law enforcement officer to
make any investigation, detention, or arrest as the law

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enforcement officer would be permitted to make in absence of
this Section.
(d) Sentence. A streetgang member or a person in the
company of or acting in concert with a streetgang member who
violates this Section is guilty of a Class A misdemeanor.